Back / lumbar spine decisions — 2015

The Veteran withdrew their appeal before a decision was made.

The Board has determined that the Veteran's timely Substantive Appeal was submitted in response to the April 2009 SOC regarding his claims for service connection for a back condition (upper and lower), a neck condition, and arthritis of the knees, back, arms, and shoulders. The case is REMANDED to schedule the Veteran for a Board travel board hearing on these issues.

The Veteran seeks service connection for a low back disorder, alleging that she injured her lower back in service and has experienced ongoing symptoms since then. The Board finds the claim should be remanded to obtain additional medical records and conduct an examination to determine if the current low back condition is related to service.

The Board has remanded the case due to missing service treatment records and unobtained private medical records. The Veteran's claims for low back disability and bladder disability are being reviewed.

The Veteran's appeal is being remanded for additional examinations and development due to the need for updated medical evidence regarding her lumbar spine disability, as well as clarification on her employment status.

The Veteran's claim for an initial disability rating in excess of 20 percent for a low back disorder is being remanded due to the need for further development, including obtaining medical records and scheduling a VA examination.

The Veteran's low back disability is currently rated at 10 percent, reflecting flexion of the thoracolumbar spine greater than 60 degrees but not greater than 85 degrees and combined range of motion greater than 120 degrees. The Board finds that a higher rating is not warranted as there are no findings of muscle spasm or guarding severe enough to result in abnormal gait or spinal contour, nor any ankylosis.

The Veteran's claim of service connection for depression was reopened and granted. He is also awarded a higher initial rating for urinary frequency, increased ratings for his wrist disabilities, and TDIU.

The Veteran's back disability is manifested by subjective complaints of pain on motion in the lower back and flare-ups, with objective evidence of limitation of motion. The Board finds that an increased evaluation to 40 percent for the Veteran's back disability is warranted.

The Board found that the Veteran's low back disability does not warrant a rating in excess of 40 percent, as there was no evidence of unfavorable ankylosis or incapacitating episodes totaling at least six weeks during the past twelve months.

The Board has determined that additional development is needed to properly adjudicate the Veteran's claim for TDIU, including obtaining VA treatment records and conducting a new examination.

The Board has remanded the case due to inadequate evidence and a need for further examination.

The Veteran's lumbar spine disability was granted a 20 percent rating effective from January 14, 2013. The neurological manifestations of the service-connected lumbar spine disability were also granted a separate compensable rating.

The July 2004 rating decision denying service connection for a back disability was found to contain clear and unmistakable error, leading to its reversal.

The Board has determined that a VA examination is needed for the Veteran's left foot and back disabilities due to conflicting evidence in his service treatment records, as well as his testimony. The appeal will be remanded for these examinations.

The Veteran's claims for increased ratings for migraine headaches and cervical spine degenerative disc disease with right-sided radiculopathy were denied as the evidence did not show symptoms warranting higher disability ratings.

The Board has remanded the case for further development and readjudication due to an inadequate August 2013 medical opinion regarding the Veteran's low back disability.

The Board has remanded the case for further development, including obtaining additional medical records and scheduling a VA examination. The appeal will be reconsidered after these actions.

The Board has determined that the Veteran's low back disability is a congenital defect and not service-connected, as there was no disease or injury during military service that resulted in an additional disability.

The Board denied the Veteran's claims for service connection for bilateral shoulder and low back disabilities, finding that there was no evidence of a chronic disability related to active service or service-connected foot tendonitis.